How Is a Recall Different from a Market Withdrawal?

Posted By
Freidin Brown, P.A.

It seems like Floridians hear about recalls constantly on products from
food to toys to cars and more. Sometimes, however, when a product is taken
off the shelves by a manufacturer, it's called a "market withdrawal."
What's the difference?

An interesting case took place just last month when Dole Fresh Vegetables,
Inc. removed some of its packaged salads and greens due to possible Listeria
contamination at one of its processing sites. The products reportedly
sickened people in both the U.S. and Canada, and killed one person in
each country.

The action by the company was classified on the U.S. Food and Drug Administration's
website as "temporarily suspending operations at its Springfield,
Ohio production facility, and voluntarily withdrawing from the market"
the products in question. However, the Canadian Public Health website
said that the company was "recalling various pre-packaged chopped
salads, salad blends and kits, and leafy green products from the marketplace
due to possible Listeria monocytogenes contamination."

As consumers, what do we need to know about the difference in classification
and language when a product is taken off the shelves? Are there clear
guidelines?

According to the FDA, a "market withdrawal" is when there's
a minor violation that isn't subject to legal action by the agency.
The company takes the product out of the marketplace and/or corrects the problem.

There are three classes of recalls, with Class I being the most serious.
Recalls are labeled Class I when there's a reasonable probability
that the product will cause serious health consequences or even death.
Recalls can be initiated voluntarily by a company. They may also be done
at the request or order of the FDA.

An issue with Chobani yogurt a few years back was also labeled as a "market
withdrawal." Reportedly, there were "quality concerns surrounding
certain products, which were experiencing swelling or bloating."
In a recent opinion piece in "Food Safety News," one personal
injury attorney wrote, "A market withdrawal' has no place in
the world of food contamination."

The important thing is that any product that is contaminated or has a defect
that can cause harm is removed from the market immediately and that consumers
are notified about the issue. This notification can also help consumers
and medical professionals identify the source of an illness. Regardless
of the language used to describe the action taken by the manufacturer,
consumers should pay attention to the details of the product issue.